NYCHA Tenant's Son Can't Get Apartment

March 7, 2012

LVT Number: #23941

NYCHA tenant's son claimed succession rights after tenant died. NYCHA ruled against the son, who appealed and lost. He had lived with tenant as a child, but moved out in 1999. He returned with his children in 2008 when tenant was diagnosed with cancer. Tenant later listed only the grandchildren on her annual income affidavit. Tenant claimed that this was a mistake and that tenant intended to add him and his children to the household. NYCHA rationally determined that the son wasn't a remaining family member as defined under NYCHA regulations.

NYCHA tenant's son claimed succession rights after tenant died. NYCHA ruled against the son, who appealed and lost. He had lived with tenant as a child, but moved out in 1999. He returned with his children in 2008 when tenant was diagnosed with cancer. Tenant later listed only the grandchildren on her annual income affidavit. Tenant claimed that this was a mistake and that tenant intended to add him and his children to the household. NYCHA rationally determined that the son wasn't a remaining family member as defined under NYCHA regulations. Tenant never obtained written approval from NYCHA to add the son as an additional occupant, and he didn't live in the apartment with tenant for at least a year after receiving such permission.

Torres v. NYCHA: Index No. 109670/11, NYLJ No. 1202543621930 (Sup. Ct. NY; 1/31/12; Bluth, J)

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